Level 2, Wintec House
Cnr Anglesea and Nisbet St.
Hamilton 3204
0800 86 22 84
info@tepūkenga.ac.nz
tepūkenga.ac.nz
9 December 2024
Lauren Doocy
By email:
[FYI request #29199 email]
Tēnā koe Lauren
Request under the Official Information Act 1982
Thank you for your email of 14 November 2024, requesting the fol owing information from Whitireia
and WelTec ǀ Te Pūkenga – New Zealand Institute of Skills and Technology (Whitireia and WelTec),
your queries have been numbered for ease of reference:
1. Please provide rates/numbers of bullying, harassment, discrimination and sexual assault
complaints for Whitireia and Weltec over the past five years. Please provide copies of any
reports or reviews related to this.
2. Please provide rates/numbers of protected disclosures at Whitireia and Weltec since the new
law was introduced in 2022.
3. Please provide all policies, procedures and guidelines, related to bullying, harassment,
discrimination, sexual assault and protected disclosures. Where these are not available,
provide guidance on what processes and guidance Whitireia and Weltec fol ow in these
instances, whether they are in development, and if not, why not.
This letter provides a formal decision on your request under the Official Information Act 1982 (OIA).
The decision
Due to the nature of your queries, we have interpreted your request to be in relation to kaimahi
(staff) rather than ākonga (students). Your questions and Whitireia and WelTec responses are set out
below.
Question One
Between 1 January 2020 and 22 November 2024 there have been 26 kaimahi complaints received at
Whitireia and WelTec that fall within the scope of your request. These complaints are set out by
calendar year in the table below.
Calendar year
2020
2021 2022 2023 2024*
Number of complaints
4
6
7
5
4
*as at 22 November 2024
These figures include any type of complaint that makes reference to bullying, harassment,
discrimination or sexual assault, and includes complaints related to negative behaviour associated
with these topics. In line with the policies and procedure documents noted below, all of these
complaints have been either informally or formally investigated and documented.
There have been no reports or reviews of the complaints in addition to our standard procedures on
these matters.
Question Two
There have been no protected disclosures at Whitireia and WelTec since the new law was introduced
in 2022.
Question Three
The five documents listed below fal within the scope of your request ie. are directly related to
bullying, harassment (including sexual harassment), discrimination and protected disclosure. Three
of these are publicly available and can be found at the links below, a copy of the fourth and fifth is
attached.
• Kaupapa-here | Protected Disclosures (Whistleblowing) Policy
www.tepūkenga.ac.nz/assets/Policies/2022-policies/National-Protected-Disclosures-
Policy.pdf
• Ngā Hātepe | Protected Disclosures (Whistleblowing) Procedure
www.tepūkenga.ac.nz/assets/Policies/2022-policies/National-Protected-Disclosures-
Procedure.pdf
• Kaupapa-here | Bullying, Discrimination and Harassment Policy
www.tepūkenga.ac.nz/assets/Policies/Bullying-Discrimination-and-Harassment-Policy.pdf
• Addressing Bullying, Harassment and Discrimination Procedures
Copy attached as Document One in
Appendix One.
• Staff Concerns and Complaints Procedures
Copy attached as
Document Two in
Appendix One.
You have the right to make a complaint to the Ombudsman under section 28(3) of the OIA if you are
not happy with this response. Information about how to do this is available at
www.ombudsman.parliament.nz or by cal ing 0800 802 602.
We may publish our OIA responses and the information contained in our reply to you on our website.
Before publishing we will remove any personal or identifiable information.
Ngā mihi
Gus Gilmore
Tumuaki | Chief Executive
2
Document One
Appendix One
Taikura – Quality Management System
B5.1-P8 Addressing Bullying, Harassment and Discrimination
Procedures
1.
Introduction
1.1
These procedures give effect to B5 People and Capability Policy.
1.2
The Institutions are committed to providing a safe and positive working environment which is
free from bullying, harassment and discrimination.
1.3
These procedures provide a process to address complaints in relation to bullying, harassment
and discrimination by staff.
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1.4
The procedures apply to all staff members and include all contractors.
2.
Definitions
ACT
2.1
Bullying is repeated and unreasonable behaviour directed towards a staff member or a group
of staf that can lead to physical or psychological harm.
Repeated behaviour is persistent (occurs more than once) and can involve a range of actions
over time.
Unreasonable behaviour in this context refers to repeated action/s of victimising, humiliating,
intimidating or threatening a person. Bullying may also include harassment, discrimination or
violence.
Some examples of bullying:
Direct
Indirect
Belittling remarks, undermining
Giving unachievable tasks/impossible deadlines
INFORMATION
integrity, sense of judgement
Constant criticism of work
questioned RELEASED UNDER THE
Unreasonable or inappropriate monitoring
Ignoring, excluding, isolating
Meaningless tasks
Ridiculing, insulting, teasing, sarcasm
Withholding or concealing information
Being shouted or yel ed at
Undervaluing contribution – taking credit for work that is not
their own
OFFICIAL Excluding, isolating, ignoring views
Physical attacks
Offensive sanctions (denying leave where there is no reason
to do so)
Bullying does not include:
• one-off or occasional instances of forgetfulness, rudeness or tactlessness
• setting reasonable performance standards
• constructive feedback and valid advice or peer review
Approved by:
Joint Leadership Team
Date of approval: 25/02/2021
Responsibility:
People, Culture and Wellbeing
Date for review: 2023
1
• a manager requiring reasonable verbal or written work instructions to be carried out
• disciplinary action in line with the
Code of Conduct and relevant procedures
• a single incident of unreasonable behaviour
• reasonable management actions delivered in a reasonable way
• differences in opinion or personality clashes that do not escalate into bullying, harassment
or violence
2.2
Harassment is unwanted or unjustified behaviour that is humiliating, offensive or intimidating
to a staff member/s and has a detrimental effect on their employment, job satisfaction or
performance at work. Harassment can be spoken, writ en, visual or physical acts. To be
considered harassment the behaviour must either be repeated or of such a significant nature
that it creates a risk to the health (psychological and physical) and safety of the staff member/s.
2.3
Sexual harassment is language, visual material or physical behaviour of a sexual nature
which is unwelcome or offensive to an employee, and which is either repeated or significant
enough that it has a detrimental effect on the staff member’s employment, job performance or
job satisfaction. Sexual harassment occurs if a staff member directly or indirectly asks another
staff member for sexual intercourse, sexual contact, or any other form of sexual activity.
1982
Their request contains an implied or overt:
a) promise of preferential treatment in their present or future employment status if they accept
b) threat of detrimental treatment in that staf member’s present or future employment status if
ACT
they reject the request
Some examples of sexual harassment:
• personally sexually offensive comments or jokes
• unwanted comments or teasing about a person's sexual activities or private life
• offensive hand or body gestures
• physical contact such as patting, pinching, or touching
2.4
Racial harassment is unwelcome language, visual material or physical behaviour that directly
or indirectly expresses hostility against, brings into contempt, or ridicules an employee on the
grounds of their race, colour, ethnicity or national origin, which is offensive or hurtful to the staff
member and which is either repeated or so significant that it has a detrimental effect on that
person’s employment, job performance or job satisfaction.
INFORMATION
Some examples of racial harassment:
• making offensive remarks about a person's race
RELEASED UNDER THE
• copying or making fun of the way a person speaks
• making jokes about a person's race
• calling people by racist names
• deliberately mispronouncing or mocking people's names.
2.5
Discrimination refers to practice that results in a staff member who is in a similar or same
situation being treated less favourably than any other staff member due to a prohibited ground.
OFFICIAL
Prohibited grounds under law are gender, marital or relationship status, religious belief, ethical
belief, colour, race, ethnic or national origins, disability, age, political opinion, employment
status, family status, sexual orientation as well as being affected by domestic violence and
involvement in union activities.
3.
Roles and Responsibilities
Al staff are responsible for fostering a working environment which is free from bullying,
discrimination and/or harassment.
Approved by:
Joint Leadership Team
Date of approval: 25/02/2021
Responsibility:
People, Culture and Wellbeing
Date for review: 2023
2
4.
Principles
4.1
The Institutions do not tolerate bullying, harassment, sexual harassment and discrimination of
any nature.
4.2
Complaints of bullying, harassment and discrimination are treated seriously, confidentially and
acted on promptly and fairly and where substantiated, are considered serious acts of
misconduct resulting in disciplinary action including dismissal.
4.3
Al parties involved are treated with sensitivity and respect.
4.4
The complainant and the subject of the complaint have the right to seek independent advice.
4.5
The subject of the complaint has an opportunity to present evidence and respond to the
information supplied in the complaint.
4.6
All parties may engage a support person to assist them during the investigation process.
4.7
All parties to the complaint are kept fully informed of their rights and obligations under this
process and of the progress of the complaint resolution.
4.8
Anyone making a complaint of bullying, harassment and discrimination is protected from
1982
retaliation or victimisation from the person/people subject to the complaint or any other person
in the Institutions.
4.9
Malicious, false or dishonest complaints are treated as misconduct in accordance with the
Performance, Behavioural and Conduct Concerns Management Procedures.
ACT
5.
Informal Process
5.1
If the staff member feels comfortable to do so, they speak directly with the person who is
causing the problem. If the staff member feels that they are not in a position to do so without
causing further stress or issues, the staff member/s with a support person or can speak directly
with their Manager or HR Advisor.
5.2
After considering the nature of the complaint, the Manager or HR Advisor may with the consent
of the complainant, convene a meeting between the parties, to discuss the issue and agree on
a way forward or resolution that helps continue the employment relationship.
5.3
If the issue is not resolved using the informal process, the staff member may elect to follow the
formal process below.
INFORMATION
6.
Formal Process
RELEASED UNDER THE
6.1
A formal complaint should be lodged in cases where:
a) The Informal approach has not resolved the problem.
b) The complaint is serious that, if substantiated, could result in disciplinary action being
taken. In this situation, the complainant is to be advised by his or her supervisor / manager
or the Director People and Capability that a formal complaint is the most appropriate
OFFICIAL
option.
6.2
The complainant may lodge a formal complaint by fil ing out the complaints form and sending
to their HR Advisor.
a) The investigation procedure is conducted according to the complaints’ procedure.
b) If the complaint is substantiated, potential disciplinary action may include:
• warnings
• suspension
• dismissal
Approved by:
Joint Leadership Team
Date of approval: 25/02/2021
Responsibility:
People, Culture and Wellbeing
Date for review: 2023
3
c) Retaliation, victimisation or discrimination against a complainant is not tolerated and
anyone engaging in such behaviour may be subject to disciplinary action.
7.
Third-party Accredited Investigation Process
7.1
Where a complaint is received and facilitation of mediation/ investigation process does not
work or is rejected by parties, a third party (independent) accredited investigator may be
appointed to investigate the complaint.
8.
Related documents
•
B5-R1 Code of Conduct
•
B5.1-P6 Performance Behavioural and Conduct Procedures
•
B5-Px Staff Complaints Procedures
• Employment Relations Act
• Human Rights Act
• Work Safe – Preventing and responding to bullying at work
1982
ACT
INFORMATION
RELEASED UNDER THE
OFFICIAL
Approved by:
Joint Leadership Team
Date of approval: 25/02/2021
Responsibility:
People, Culture and Wellbeing
Date for review: 2023
4
Document Two
Taikura – Quality Management System
B5.1-P1 Staff Concerns and Complaints Procedures
1.
Introduction
These procedures give effect to
B5.1 People and Capability Policy.
B5.1-P6 Performance, Behavioural and Conduct Management Procedures and
B5.1-P8
Addressing Bullying, Harassment and Discrimination Procedures address complaints from, and
about staff members (and contractors) in relation to their conduct and behaviour
.
Concerns or complaints can be dealt with at an informal level or may warrant a more formal
investigation.
1982
2.
Principles
Al parties are treated fairly and in accordance with the principles of natural justice.
The complainant and the subject of the complaint have the right to seek independent advice.
ACT
Concerns are resolved informally at the lowest possible level and with those directly involved
wherever possible.
Information related to concerns or complaints is confidential and is only disclosed to those
directly involved on a ‘need to know’ basis.
The staff member who is the subject of the complaint has an opportunity to present evidence
and respond to the information supplied in the complaint.
Al parties may engage a support people to assist them during the process.
Al parties to the complaint are kept fully informed of their rights and obligations under this
process and of the progress of the complaint resolution.
Complainants and the subject of the complaint is protected from retaliation or victimisation from
INFORMATION
parties to the complaint or any other person in the Institutions.
RELEASED UNDER THE
Malicious, false or dishonest complaints are treated as misconduct in accordance with the
B5.1-P6 Performance, Behavioural and Conduct Concerns Management Procedures.
3.
Informal Process for Concerns
Informal action is appropriate when:
•
The staff member/person with a concern wants it dealt with informally.
OFFICIAL
•
The allegations are less serious.
•
There is a chance of quickly preventing a problem before it develops.
•
The parties involved are likely to have an ongoing working relationship.
If the staff member/person with the concern feels comfortable to do so, they speak directly with
the staff member who is causing the problem.
If the staff member/ person with the concern feels that doing so may cause further stress or
issues, the complainant could approach the staff member with a support person or directly with
their manager or HR Advisor.
Approved by:
Joint Leadership Team
Date of approval:
27/5/21
Responsibility:
People, Culture and Wellbeing
Date for review/revision:
2023
When a person approaches a Manager/HR Advisor with a concern, the Manager/HR Advisor,
with the consent of the person raising the concern, convenes a meeting between the parties, to
discuss the issue in an attempt, in good faith to resolve the issue, to help continue the working
relationship and have the concern resolved as quickly as possible.
Depending on the nature of the issue, an external facilitator may be engaged to facilitate a
meeting between the parties.
If the issue is not satisfactorily resolved using the informal process, the person with the
concern may escalate it to a complaint and elect to follow the formal process below.
4.
Formal Process for Complaints
A formal complaint is lodged in cases where:
a) the informal approach has not resolved the problem
b) the complainant opts for the formal process
c) the allegations are serious and may amount to serious misconduct under the Code of
Conduct (for example bul ying, sexual harassment)
d) disciplinary action is a possible outcome if the allegations are substantiated 1982
e) the person raising a concern has been victimised for complaining
f) the complaint is against a senior person and a formal procedure helps ensure the people
involved are not disadvantaged
In the cases outlined in 4.1, the relevant supervisor/manager or the Director People Services
ACT
advises the complainant that a formal complaint is the most appropriate action.
The complainant may meet with their HR Advisor and discuss the issue before lodging a formal
complaint.
The complainant lodges a formal complaint by completing the
Staff Complaints Form which
contains the following information:
• Name and contact details
• Description of issue
• Supporting evidence
• Details of attempt/s if any, to resolve the concern informally
The complainant submits the form online or emails the completed form to
INFORMATION
[email address] where it is directed to the People Services Manager or appropriate
HR Advisor for action. The complaint is logged in the Staff Complaints Register where the
RELEASED UNDER THE
relevant HR Advisor monitors it until the complaint is resolved.
Within three (3) working days of receipt of the complaint, the People Services Manager/HR
Advisor refers it to the appropriate manager to lead the handling the complaint.
The Manager in consultation with People Services refers to the
B5.1-P6 Performance,
Behavioural and Conduct Management Procedures to determine the best course of action.
Particular attention is paid to the Procedural Fairness section and the Conduct Concerns
OFFICIAL
section when the complaint allegation indicates a potential breach of the
B5-R1 Code of
Conduct.
Once the decision is issued to the staff member, the HR Manager/Advisor notifies the
complainant whether the allegations of the complaint was upheld.
The People Services team regularly report the number and nature of complaints received to
JLT.
Approved by:
Joint Leadership Team
Date of approval:
27/5/21
Responsibility:
People, Culture and Wellbeing
Date for review/revision:
2023
5.
Related Documents
• Employment Relations Act
• Privacy Act 2020
• Protected Disclosures Act 2000
•
B5.1 People and Capability Policy
•
B5-R1 Code of Conduct
•
B5.1-P6 Performance, Behavioural and Conduct Management Procedures
•
B5.1-P8 Addressing Bullying, Harassment and Discrimination Procedures
1982
ACT
INFORMATION
RELEASED UNDER THE
OFFICIAL
Approved by:
Joint Leadership Team
Date of approval:
27/5/21
Responsibility:
People, Culture and Wellbeing
Date for review/revision:
2023
